Using TLB to Teach Foreign Relations Law

This post discusses Foreign Relations Law as part of our series explaining how professors can use resources on TLB to teach various classes. Previous posts have discussed Transnational Litigation, Civil Procedure, International Business Transactions, and Conflict of Laws.

Although TLB focuses on litigation, and although Foreign Relations Law classes cover many topics that are rarely litigated, there is significant overlap.  The two main foreign relations casebooks (Murphy, Swaine & Wuerth and Bradley, Deeks & Goldsmith) both cover a number of topics that TLB addresses in various ways including immunities, human rights litigation, the act of state doctrine, and extraterritoriality.  For all of these topics, TLB has posts that can help instructors reinforce basic doctrine, as well as other posts that highlight recent developments such as pending legislation, lower court cases with interesting fact patterns, pending cert petitions, and so on.  Finally, although neither casebook focuses directly on sanctions, instructors can use TLB to add some readings on this important topic, especially as it relates to Russia and Afghanistan. The sanctions readings allow for a discussion of the International Emergency Economic Powers Act (IEEPA), the recognition power, immunities, and very interesting current policy issues.

Human Rights Litigation

• A Primer on Human Rights Litigation
• Has the Alien Tort Statute Made a Difference?
• The ATS Clarification Act Can Protect Human Rights and Level the Playing Field for U.S. Businesses
• No Immunity for Diplomats Who Hold Domestic Workers in Conditions of Modern Slavery

Extraterritoriality

• A Primer on Extraterritoriality
• Ninth Circuit Deepens Split over Extraterritoriality of Civil RICO
• New Bill Would Amend the Alien Tort Statute to Apply Extraterritorially

Sanctions & Terrorism

• Russia Should Not be Designated a State Sponsor of Terrorism
• Afghan Central Bank Assets Should Be Immune in Cases against the Taliban
• S.D.N.Y. Holds Consent-Based Personal Jurisdiction over the PLO Unconstitutional

Immunities

• A Primer on Foreign Official Immunity
• Can Corporations Claim Foreign Official Immunity?
• Criminal Proceedings and the Foreign Sovereign Immunities Act
• CVSG in Usoyan v. Turkey: Can Turkey Use Force in the United States to Protect Its President?

The Act of State Doctrine

• A Primer on the Act of State Doctrine
• Second Circuit Rejects Act of State Doctrine in Antitrust Case
• Foreign Dictators in U.S. Courts